Well HR are saying he must have next week off sick again, they will meet him on site and risk assess him a week on Monday. There is no reasoning or justification for the delay.

Thanks, HR are calling him today so he will ask them then.

Well that's why I'm asking the question. If he was, for example, a delivery driver - he cannot do 100% of his job, I understand that. But he can do most of his job, and there is easily scope for him to fill a full time week, with some slight amendments to duties for a short period of time. I was under the impression that the fit note was intended to assist employees to go to work when they can, and assist employers by not having someone off for ages. There are 3 people whose role, like OH, is a mixture of desk work and warehouse work. When one is on annual leave (or off sick, or paternity leave etc), the work is covered by the others. So they all know how to do all the tasks. Is it so unreasonable for his employer to just shuffle responsibilities for 5 weeks? I thought that was the point of the fit note as a concept. Anyway - I have digressed. Whether he can or cannot do his duties has become irrelevant, we aren't even getting that far in the discussion - his employer is stating that he cannot enter the building with a cast on, due to Health and Safety. They are not interested in whether he can or cannot do his job. Therefore, as they are refusing to allow him to enter the building, is this classed as suspension on medical grounds? Thanks.

I have read several threads on here regarding fit notes. His manager is saying that it is irrelevant whether he can perform his duties or not, the very presence of the cast means he is not safe to be on site until it is removed. Am I right in thinking that "suspension from work on medical grounds" applies here?

My partner works full time as a Stock Controller. His job is around 50/50 desk work and warehouse work. He has broken his foot and is now in a cast for 6 weeks, mobile and weight bearing but on crutches. His employment contract states SSP only for sickness, but that full pay may be paid at the discretion of the line manager. OH was given a fit note by the fracture clinic yesterday, stating that he must not work this week, but that from next Monday he can work as long as it is desk based and no heavy lifting. OH feels that for this 6 weeks, duties could be shuffled around and he could take on some more admin and A. N. Other could take on his warehouse duties, until he is healed. OH's line manager has refused to even discuss the "amended duties" and said that OH is not allowed in the building with a cast on due to H&S, and must therefore have 6 weeks at home on SSP. The Doctor was quite clear that there is no reason why OH can't be working at a desk after one week off. Where does OH stand on this? Can his employer refuse the amended duties and in essence, force him to not work and receive only SSP? Or do they have to pay him because he is both willing and capable of work but they are refusing?

Hello, I'm back again So, I've had my "final tax credits decision" letter. They say I owe them £1360 - which is a bit better than the £2000 they were originally asking for... Awaiting response from SAR, I've also been putting a bit aside each month since my original post and will continue to do so, so that if I do need to make a payment I can at least offer something, and then hopefully pay the rest monthly. I *am* going to challenge the overpayment though as I do feel it meets the criteria for official error. I've pored over every letter I've had from them and my details are right every time except one - and in that one my income is HIGHER than what the actual figures ended up being, (which I corrected with a phone call), so I don't see how I could have known I was being overpaid until they told me. So that's my update. My question is: The most recent letter says: "We will continue to seek recovery of the overpayment whilst we are considering your dispute" So - should I set up a payment plan while the dispute goes through? And then if I am right they give it back? Or should I refuse to pay anything until the dispute process has finished?

Yes all details on the letters they have sent me have been correct (apart from the amount of tax credits, obviously, haha). When I had my "pay us back the £2k" letter, I rang them and said I didn't understand how this happened etc, that I'd given them the details they had asked for , the advisor said there was nothing they could do about it until I get my renewal pack (between April and July) , that I need to fill that in, send it off, I'll get some sort of final statement and THEN if I don't agree with it etc I can get in contact with them at that point. I'm now wondering if that is right as they seem to have messed up once already..... is that right?! Should I wait for renewal or should I fill in a form now? Thanks so much for answering by the way. I'll send off the SAR tomorrow. Knowing you can pay in instalments is a bit of a relief, I definitely feel less panicky about it !!!!

Yes I did receive one in that time, as I originally applied back when DS was first born (2012) as that's when I was on maternity leave and thought I might get something as my income had dropped considerably (obviously!) but we were assessed at zero. I had the renewal forms at the right time in 2013 but nothing had changed on the form (was still on mat leave) so filled in, sent back, still entitled to zero. Then I had a change in circs August 2013. My partner and I split up and he moved out. I rang up to ask if I was now eligible. The call handler said I needed to end my joint claim of zero and start a new claim, and that the quickest way was to do it with her on the phone. I did this, and answered all questions honestly. I was now back at work so my earnings were higher (I told her this) but I now had childcare costs too, plus a change in my other income. We went through it all, she said I was eligible, they started paying me. The conversation about earnings and so on was lengthy, because my income is made up of salary, a car allowance, an 'other benefit' on my P11D and also some rental income. So we had to go through each bit individually and we talked at length about it, we talked about me being on maternity leave because of the £100 disregard, we talked about me being back at work and earning again. At no point did she mention the if my wages were more than £5000 more than the previous year thing. In November 2013 I moved house, and then DS's dad and I decided to give things another go so he moved in. I rang tax credits and informed them he had moved in - I was 2 weeks late in doing that, but did tell them the actual date he moved in. They ended my single claim, and asked if I wanted to do a joint claim - to which I said no because we weren't entitled when it was just OH's income being assessed back in 2012 so I didn't see the point in doing it now when there were now 2 full salaries coming in. I'm struggling to understand how an advisor on the phone can ask me such detailed questions, know my exact circumstances, I can be written to and told I'm being given 2000, I'm then given 2000, for them to then say "oh sorry actually after all that you weren't entitled, pay it back now". If you hadn't already guessed, I spent the money! I'm not trying to keep money that I wasn't eligible for, if I thought I wasn't eligible I wouldn't have applied - but that's why I rang, to speak to a real person and get information. Basically I'm going to have to find £2000 aren't I , gulp

No, it wasn't my tax return, I'm confident of the difference between a tax return and a 4 page form from tax credits. I do have to do self assessment as I now have some rental income (fully declared to tax credits minus the £300 disregard). I did my tax return in November. The form with a deadline of the 31st was definitely from tax credits. The overpayment was received by me in this financial year but related to my earnings of the previous financial year.

Sorry, I'm not sure what the form was called as I sent it back to them - but it had a deadline of the 31st January.

Hi estellyn, that is with the deduction already taken out.

I estimated 22800, and my actual was 22863. This financial year it will be be £40+

I can't get my head around this. Ordinarily, we (as a couple) are not entitled to any benefits. I went on maternity leave, only received SMP, went back to work. A few months later I realised that my previous year's income having dropped so much because of being on SMP PLUS the disregard of £100 a week meant that we were possibly eligible for a small amount of CTC - so I rang them and they confirmed we were eligible. I applied, I gave full details, including figures from P60s, P11D, childcare costs etc - EVERYTHING THEY ASKED FOR. Our circumstances changed, I notified them the following day. Our circumstances changed again, this time, hands up, I took 2 weeks to tell them, but I did tell them it applied from XX date so they backdated it. They sent me a letter saying due to the most recent change in circs we are not paying any more (fine), and you have been over paid from XX date (the 2 weeks), so you have to give us that back. Ok, makes perfect sense to me. Then I had the form that you have to fill in by the end of January. I filled that in, the only thing that was different than any of the information I had given them previously was an additional income of £63. Now they have written to me and say I have to pay them back an overpayment of nearly £2k- basically the full amount I received. I'm totally baffled by this, how can the difference of £63 mean a difference of £2000?? So I rang them to query it, and they said that because my income for THIS financial year, ie the year that has not yet finished, has increased by more than £5000, then I was not actually entitled to any of the tax credits they paid me. I don't understand this at all. I spoke to an advisor on the phone when I originally made the claim and stated what my maternity pay was and what my usual salary was - they KNEW my drop in income was because of being on maternity pay, and that it would go back up to normal levels afterwards. I'm totally confused as to how I am expected to take the money I am earning now, and transport it back in time to when I wasn't earning it. Have I totally misunderstood the whole thing?!

It's not £500 though, it's £1000 - because half for the prep, half for attending. There is no loss of earnings, however, the ET judge ordered that my employer disclose the salaries of the 3 people who got the jobs that I didn't have a chance to apply for, for their consideration before making a vento award, and in the tribunal itself my boss messed up and admitted I would be a good candidate for the roles (haha). For 4 counts, am I likely to receive a middle band vento? As it is more than one act....or have I misunderstood how that works?

Hi all, hope someone can help. I had a tribunal recently, lost on equal pay to predecessor, but I am allowed to bring a separate claim of work of equal value (undecided on what to do) but won on 4 counts of sexual discrimination. The tribunal over-ran their schedule, meaning I now have a separate remedy hearing (it was meant to be within the original timescale). I depleted my savings paying for representation for my 5 day case (which naively I expected would be the end of it!) - they now want an extra £500 for "preparation costs" plus £500 to attend the remedy hearing. Do I necessarily need representing at this hearing? What does it entail? 3 of the counts of sexual discrimination were the failure to allow me the opportunity to apply for job vacancies. So in anticipation of making a settlement, my employer's solicitors want a copy of my CV because it "relates to assessment of the value of your claim, and your likely chance of having obtained one of the three jobs that you were overlooked for". My representation is pushing me as apparently there are "a few directions" that need dealing with - are there really? Or is this just trying to get more money out of me? I've already spent £4000 that I couldn't really afford in the first place, I don't want to get ripped off by these guys. any thoughts, musings, ideas welcome!